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A construction defect is a deficit in the design or construction of a building. The deficiency can result from a design or construction failure, or from providing something that does not meet the buyer’s expectations.
There are two types of construction defect, which are dangerous and passive.
Dangerous construction defects will cause the building to fail in some way, which can cause injury and damage to other buildings, as well as to the building with the defect.
Passive construction defects can cause lack of use, reduced value, and additional expenses while the defect is corrected.
Remedying construction defects may be done by insurance companies or within the courts. Many State legislatures have defined construction defect and methods of remedying claims. Different states differ in method and results.
Legal Definition of Construction Defect Litigation
Construction defect litigation is the legal environment surrounding the negligent design or construction of a building. The deficiency in question can result from a design flaw or construction failure, or from providing something that does not meet the buyer’s expectations. Other factors that can result in a construction defect allegation include:
- Structural Defects
- Mold and Water Intrusion
- Unsafe or Defective Fire Resistant Sprinkler Systems or Mechanical Systems
- Drywall Problems
- Plumbing Issues
- Roofing Flaws
- Dysfunctional Windows
- Improper Construction of Foundation
While we have listed several examples of structural issues that can lead to a construction defect lawsuit, the list goes on to include anything that may be considered a design flaw or evidence of negligent construction. If you are the recipient of a construction defect allegation, or if you are a homeowner or property owner who believes the building in question was designed poorly or improperly, it is imperative to seek legal guidance prior to entering a court of law.
What if You’re Accused of Construction Defect?
If you have been accused of designing or owning property with a serious construction defect, you need to contact a construction defect attorney immediately. This type of claim could be damaging not only to you, but also to your business. The laws surrounding construction defect vary from state to state. An attorney who specializes in construction defect litigation will understand the complexities of the law in your jurisdiction and be able to advise you on the best possible defense.
Don’t put your business, property, or personal life at risk. If you are a commercial or residential property owner with an alleged construction defect, seek legal representation as soon as possible. Contact an experienced construction defect attorney in your area today.